CHILDRENS COURT ACT 1992 Reprinted as in force on 14 October 2010 Reprint No. 5C > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 3. Definitions Part 2--The Childrens Court of Queensland 4. Childrens Court established etc. 5. Members and constitution of the Childrens Court 6. Jurisdiction 7. Rules of court 8. Directions Part 3--Appointment of judicial officers Division 1--The president 9. Childrens Court president 10. Functions of president Division 2--Childrens Court judges 11. Childrens Court judge 12. Acting judge 13. Termination of office Division 3--Childrens Court magistrates 14. Childrens Court magistrates 14A. Term of office 15. Termination of office 16. Acting magistrate Division 4--Miscellaneous 17. Jurisdiction not affected by vacancies Part 4--Sittings of the court 18. Where court may be constituted 19. Separation of court's proceedings 20. Who may be present at a proceeding 21. Court sitting times Part 5--Jury trials 22. Jury in criminal trials 23. Issues of law and fact Part 6--General 24. Annual report 25. Ordinary privileges, protection and immunity allowed 26. Contempt 27. Court officials 28. Court records 28A. Access to court records for approved research 29. Judicial notice 30. References to Childrens Court 31. Regulation-making power Part 7--Transitional provisions 32. Transitional provision for Child Protection Act 1999 33. Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 3 Endnotes - LONG TITLE An Act to establish the Childrens Court of Queensland and for related purposes 1 Short title This Act may be cited as the Childrens Court Act 1992. 3 Definitions In this Act-- Childrens Court judge means a District Court judge appointed to the Childrens Court. Childrens Court magistrate means a magistrate appointed to the Childrens Court. court means the Childrens Court. judge means a Childrens Court judge. president means the president of the Childrens Court. procedure includes practice. rules means the Childrens Court Rules. 4 Childrens Court established etc. (1) The Childrens Court of Queensland is established. (2) The court is a court of record. (3) The court is to have a seal, which must be judicially noticed. 5 Members and constitution of the Childrens Court (1) The members of the Childrens Court are the judicial officers mentioned in subsections (2) and (3). (2) If an Act expressly requires the Childrens Court to be constituted by a Childrens Court judge, the court must be constituted by either of the following-- (a) a Childrens Court judge; (b) if a Childrens Court judge is not available--a District Court judge. Examples of when a Childrens Court judge is not available-- 1 A child is committed to be tried or sentenced before a Childrens Court judge at a place where the Childrens Court sits only a few times in a year. At the time the child would ordinarily be dealt with at the place, there is no Childrens Court judge available, but a District Court judge is available. The District Court judge may constitute the Childrens Court and deal with the child. 2 A child is due to be tried or sentenced before a Childrens Court judge. A Childrens Court judge is present at the place and at the time but, in the judge's capacity as a District Court judge, is needed for the jurisdiction of the District Court. Another District Court judge is available. The other District Court judge may constitute the Childrens Court and deal with the child. (3) If the Childrens Court is not required to be constituted by a Childrens Court judge, it may be constituted by-- (a) a Childrens Court magistrate; or (b) if a Childrens Court magistrate is not available--any magistrate; or (c) if neither a Childrens Court magistrate nor other magistrate is available--2 justices of the peace. (4) Subsection (3)(c) does not affect the limitations placed on justices of the peace under the Justices of the Peace and Commissioners for Declarations Act 1991 or another Act. (5) In this section-- available means available having regard to the orderly and expeditious exercise of the jurisdiction of the District Court and Childrens Court. 6 Jurisdiction (1) The Childrens Court has the jurisdiction conferred on it by any Act. (2) The Child Protection (International Measures) Act 2003 includes provisions about the exercise of jurisdiction under this Act. 7 Rules of court (1) The procedure of the Childrens Court is governed by the Childrens Court Rules. (2) The Governor in Council may, with the president's agreement, make rules of court (the Childrens Court Rules) under this Act. (3) A rule may make provision about any matter-- (a) that is required or permitted to be prescribed under a law giving jurisdiction to the Childrens Court; or (b) that is necessary or convenient to be prescribed for carrying out or giving effect to a law giving jurisdiction to the Childrens Court. (4) In particular, a rule may make provision about the procedure of the Childrens Court, including the matters that may be dealt with in chambers or by a court official. 8 Directions (1) To the extent that any matter relating to Childrens Court procedure is not provided for by the rules, the matter may be dealt with by directions under this section. (2) The president may issue directions of general application with respect to the procedure of the court. (3) A Childrens Court judge may issue directions in relation to a particular case before the court when constituted by the judge. (4) A Childrens Court magistrate, a magistrate or justices may issue directions in relation to a particular case before the court when constituted by the Childrens Court magistrate, the magistrate or justices, as the case may be. 9 Childrens Court president (1) There is to be a president of the court. (2) The Governor in Council may appoint a Childrens Court judge to be the president of the court. (3) The president may resign office by written resignation given to the Governor. (4) The resignation does not affect the appointment or powers of the president as a Childrens Court judge. (5) If-- (a) the office of president is vacant; or (b) the president is on leave or otherwise absent or is, for another reason, unable to perform all the ordinary functions of the president's office; the Governor in Council may, on the recommendation of the Attorney-General, appoint a Childrens Court judge to be the acting president. 10 Functions of president The president's functions are-- (a) to ensure the orderly and expeditious exercise of the jurisdiction of the court when constituted by a Childrens Court judge; and (b) to discharge other functions conferred on the president by this Act or any other Act. 11 Childrens Court judge (1) The Governor in Council may, on the recommendation of the Attorney-General, appoint 1 or more District Court judges as Childrens Court judges. (2) In choosing a District Court judge to be recommended as a Childrens Court judge, the Attorney-General must have regard to the appointee's particular interest and expertise in jurisdiction over matters relating to children. (3) The appointment of a person as a Childrens Court judge does not affect the person's appointment as a District Court judge or the person's powers as a District Court judge. 12 Acting judge The Governor in Council may, on the recommendation of the Attorney-General, appoint a District Court judge to act as a Childrens Court judge if, in the Governor in Council's opinion, the conduct of the business of the court requires it. 13 Termination of office (1) A Childrens Court judge ceases to hold the office if the judge ceases to hold office as a District Court judge. (2) A Childrens Court judge may resign office by written resignation given to the Governor. (3) The resignation does not affect the appointment or powers of the judge as a District Court judge. 14 Childrens Court magistrates (1) The Governor in Council may, on the recommendation of the Attorney-General, appoint 1 or more magistrates as Childrens Court magistrates. (2) The appointment of a person as a Childrens Court magistrate does not affect the person's appointment as a magistrate or powers as a magistrate. (3) For the purpose of the Magistrates Act 1991, the duties of a magistrate include those performed as a Childrens Court magistrate if the magistrate is a Childrens Court magistrate. 14A Term of office (1) A Childrens Court magistrate holds office for the term, not longer than 5 years, stated in the person's instrument of appointment. (2) A person appointed as a Childrens Court magistrate may be appointed for one further term of not longer than 5 years. (3) Subsection (2) does not limit section 15(1). (4) The ending of the person's term as a Childrens Court magistrate does not affect the person's appointment as a magistrate or powers as a magistrate. 15 Termination of office (1) A Childrens Court magistrate ceases to hold the office if the person ceases to hold office as a magistrate. (2) A Childrens Court magistrate may resign office by written resignation given to the Attorney-General. (3) The resignation does not affect the appointment or powers of the magistrate as a magistrate. 16 Acting magistrate The Governor in Council may, on the recommendation of the Attorney-General, appoint a magistrate to act in the office of a Childrens Court magistrate if, in the Governor in Council's opinion, the business of the Court requires it. 17 Jurisdiction not affected by vacancies The jurisdiction of the court is not affected by a vacancy in any office in the court. 18 Where court may be constituted (1) The court may be constituted-- (a) if it is constituted by a judge--at a place where a Magistrates Court or the District Court may be held; or (b) if it is constituted by a Childrens Court magistrate, a magistrate or justices--at a place where a Magistrates Court may be held. (2) Subject to subsection (1), the court as constituted by any of its members-- (a) may exercise jurisdiction throughout Queensland; and (b) may sit in more than 1 place at the same time. 19 Separation of court's proceedings The hearing of a matter before the court must be held at a time when the business of another court is not being conducted in the same room. 20 Who may be present at a proceeding (1) In a proceeding before the court in relation to a child, the court must exclude from the room in which the court is sitting a person who is not-- (a) the child; or (b) a parent or other adult member of the child's family; or (c) a witness giving evidence; or (d) if a witness is a complainant within the meaning of the Criminal Law (Sexual Offences) Act 1978--a person whose presence will provide emotional support to the witness; or (e) a party or person representing a party to the proceeding, including for example a police officer or other person in charge of a case against a child in relation to an offence; or (f) a representative of the chief executive of the department; or (g) if the child is an Aboriginal or Torres Strait Islander person-- (i) a representative of an organisation whose principal purpose is the provision of welfare services to Aboriginal and Torres Strait Islander children and families; or (ii) a representative of the community justice group in the child's community who is to make submissions that are relevant to sentencing the child; or (h) a person mentioned in subsection (2) whom the court permits to be present. (2) The court may permit to be present-- (a) a person who is engaged in-- (i) a course of professional study relevant to the operation of the court; or (ii) research approved by the chief executive of the department; or (b) a person who, in the court's opinion, will assist the court; or (c) in a proceeding, other than a proceeding under the Adoption Act 2009 or the Child Protection Act 1999--a representative of mass media; or (d) in a criminal proceeding--a person who, in the court's opinion, has a proper interest in the proceeding and whose presence, in the court's opinion, would not be prejudicial to the interests of the child. (3) Subsection (1) applies subject to any order made by the court under the Evidence Act 1977, section 21A-- (a) excluding any person (including a defendant) from the place in which the court is sitting; or (b) permitting any person to be present while a special witness within the meaning of that section is giving evidence. (4) Subsection (1) applies even though the court's jurisdiction is being exercised conjointly with other jurisdiction. (5) Subsection (1) does not apply to the court when constituted by a judge exercising jurisdiction to hear and determine a charge on indictment. (6) Subsection (1) does not prevent an infant or young child in the care of an adult being present in court with the adult. (7) In this section-- child's community means the child's Aboriginal or Torres Strait Islander community, whether it is-- (a) an urban community; or (b) a rural community; or (c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991. community justice group, for a child, means a group of persons made up of any of the following-- (a) an entity within the child's community, other than a department of government, that is involved in the provision of any of the following-- (i) information to a court about Aboriginal or Torres Strait Islander offenders; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders; (iii) other activities relating to local justice issues; (b) elders or other respected persons of the child's community. 21 Court sitting times Subject to the rules and the president's directions, proceedings before the court-- (a) when constituted by a judge--may be held at any time; or (b) when constituted by a Childrens Court magistrate, magistrate or justices--must be held at special times fixed in advance by the proper officer of the court. 22 Jury in criminal trials (1) All indictable offences prosecuted in the Childrens Court must be tried by a Childrens Court judge and a jury. (2) Subsection (1) is subject to an Act that allows or requires an indictable offence prosecuted in the Childrens Court to be tried in another way. (3) Despite section 18(1)(a), a trial by a Childrens Court judge and a jury must be held at a place where a District Court may be held. (4) The Jury Act 1995 states the law about the following-- (a) the obligation to perform jury service; (b) organisation of juries generally; (c) the selection of a jury; (d) arrangements for a jury during a trial; (e) juror's remuneration and allowances. 23 Issues of law and fact Issues of law and fact are to be decided by the judge or jury as if the trial were a trial on indictment in the Supreme Court. 24 Annual report (1) As soon as practicable after the end of each financial year, but no later than 5 months after the end of the financial year, the president must give to the Attorney-General a report of the administration and operation of the Childrens Court during the year. (2) The Attorney-General must cause a copy of the report to be laid before the Legislative Assembly within 14 days of receiving it. (3) If, at the time the Attorney-General would otherwise be required to lay the report before the Legislative Assembly, the Legislative Assembly is not sitting, the Attorney-General must give a copy of the report to the clerk of the Parliament. (4) The clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day. (5) For the purposes of its publication, the report is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk. (6) The first report must cover the period from the commencement of section 4 until the end of the first full financial year of the court's operation. 25 Ordinary privileges, protection and immunity allowed (1) In this section-- court of concurrent jurisdiction means-- (a) in relation to the Childrens Court when constituted by a judge-- the District Court; or (b) in relation to the Childrens Court when constituted by a Childrens Court magistrate, a magistrate or justices--a Magistrates Court. proceeding means a proceeding in the Childrens Court. (2) A person who is-- (a) a judicial officer presiding over a proceeding; or (b) a legal practitioner appearing in a proceeding; or (c) a witness attending in a proceeding; has the same privileges, protection or immunity as the person would have if the proceeding were in the court of concurrent jurisdiction. 26 Contempt (1) A judge has the same power to punish a person for contempt of the court as the judge has to punish a person for contempt of the District Court. (2) The District Court of Queensland Act 1967, section 129 applies in relation to the Childrens Court when constituted by a judge in the same way as it applies in relation to the District Court. (3) In the performance of duties in relation to the Childrens Court, a Childrens Court magistrate, a magistrate or justices have the same power to punish for contempt as a magistrate has or justices have, as the case may be, to punish for contempt of a Magistrates Court. (4) The Justices Act 1886, section 40 applies in relation to the court when constituted by a Childrens Court magistrate, a magistrate or justices in the same way as it applies in relation to a Magistrates Court. 27 Court officials (1) Every person holding office as the clerk, registrar or other court official of a Magistrates Court held at a place is taken to hold the same office in relation to the Childrens Court constituted by a Childrens Court magistrate, a magistrate or justices held at the place. (2) Every person holding office as a registrar, deputy registrar, sheriff or other court official of the District Court held at a place is taken to hold the same office in relation to the Childrens Court constituted by a judge held at the place. 28 Court records The records of the court held at a place must be kept in the custody of the registrar or clerk of the court at the place. 28A Access to court records for approved research (1) The chief executive may authorise a person to have access to a record, or information from a record, to allow the person to carry out research. (2) However, the chief executive may authorise access only if the chief executive is satisfied-- (a) the record or information will not be used or published in a way that could reasonably be expected to result in the identification of any of the individuals to whom it relates; and (b) it would not be inappropriate to authorise the access in all the circumstances including, for example, the cost to the department of providing the access. (3) The registrar or clerk of a court may give a person access to a record or information from a record under an authorisation under this section. (4) In this section-- record means a court record or part of a court record. 29 Judicial notice All courts and persons acting judicially must take judicial notice of the appointment and signature of every person holding office under this Act. 30 References to Childrens Court (1) A reference in another Act to the Childrens Court or a Childrens Court (whether the expression 'the Childrens Court', 'a Children's Court' or 'a Childrens Court' or another expression is used) is, in relation to anything done, or proposed to be done, after the commencement of section 4, taken to be a reference to the Childrens Court established under this Act. (2) Subsection (1) applies to a reference in an Act passed before the commencement of section 4 despite the reference being expressly to the Childrens Court or a Childrens Court constituted under an Act other than this Act. 31 Regulation-making power The Governor in Council may make regulations under this Act. 32 Transitional provision for Child Protection Act 1999 (1) This section applies if, before the commencement of the Child Protection Act 1999, chapter 3, part 4-- (a) a person appealed, under part 4A, against a supervision order or care order; and (b) the appeal has not been finally decided. (2) The appeal may be dealt with under the Child Protection Act 1999. (3) In this section-- care order means an order under the Children's Services Act 1965, section 49(4) (a)(iii) or section 61(4)(a)(iii). supervision order means an order under the Children's Services Act 1965, section 49(4)(a)(ii) or section 61(4)(a)(ii). 33 Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 3 (1) This section applies if, immediately before the commencement of this section, a person holds office as a Childrens Court magistrate. (2) The person's term of appointment is taken to end 5 years after the person was first appointed. - NOTES Page Date to which amendments incorporated 19 Key 20 Table of reprints 20 List of legislation 21 List of annotations 23 List of forms notified or published in the gazette 25 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 October 2010. Future amendments of the Childrens Court Act 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1992 Act No. 68 7 December 1992 24 August 1993 2 1995 Act No. 57 28 November 1995 8 December 1995 2A 1996 Act No. 22 15 August 1996 18 September 1996 2B 1997 Act No. 38 1 August 1997 5 September 1997 3 1999 Act No. 19 30 April 1999 3 March 2000 3A 1999 Act No. 19 23 March 2000 2 June 2000 3B 2000 Act No. 42 27 October 2000 27 October 2000 3C 2000 Act No. 46 25 October 2000 3 November 2000 3D 2000 Act No. 58 17 November 2000 1 December 2000 Reprint No. Amendments included Effective Notes 3E 2003 Act No. 8 28 March 2003 3F 2002 Act No. 39 1 July 2003 R3F withdrawn, see R4 Reprint No. Amendments included Effective Notes 4 -- 1 July 2003 4A 2003 Act No. 57 18 September 2003 4B 2003 Act No. 55 5 January 2004 4C 2004 Act No. 43 3 December 2004 R4C withdrawn, see R5 5 -- 3 December 2004 5A 2008 Act No. 59 25 November 2008 5B 2009 Act No. 29 1 February 2010 5C 2010 Act No. 42 14 October 2010 (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) >